Mann et al v. Central Mortgage Company et al

Filing 4

ORDER DISMISSING CASE. All claims and causes of action in this matter are DISMISSED without prejudice. The file is CLOSED. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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DEAN A. MANN and CONNIE J.
MANN,

NO: 14-CV-0050-TOR

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Plaintiffs,

ORDER OF DISMISSAL

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v.
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CENTRAL MORTGAGE
COMPANY, its successors in interest
and/or assigns; UNITED STATES
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT,
FEDERAL HOUSING
ADMINISTRATION UNITED
STATES OF AMERICA, FARM
SERVICE AGENCY FKA FARMERS
HOME ADMINISTRATION;
HORIZON CREDIT UNION; and any
persons or parties claiming to have any
right, title, estate, lien or complaint.

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Defendants.
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Federal Rule of Civil Procedure 4(m) provides that a complaint must be

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served upon a defendant within 120 days of filing. Rule 4(m) also governs the

ORDER OF DISMISSAL ~ 1

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procedure that a district court must follow in the event that service is not

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completed within 120 days:

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If a defendant is not served within 120 days after the complaint is filed, the
court—on motion or on its own after notice to the plaintiff—must dismiss
the action without prejudice against that defendant or order that service be
made within a specified time. But if the plaintiff shows good cause for the
failure, the court must extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m).
Plaintiff filed a Complaint in this case on February 14, 2014. ECF No. 1.

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Summonses were issued to all Defendants (ECF No. 2); however, there has been

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no further activity in this case. On September 9, 2014, the Court issued an Order

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for Plaintiff to show cause as to why this matter should not be dismissed. ECF No.

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3. Plaintiff has submitted no response to the Court’s Order to Show Cause and has

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not shown that Defendants were served within 120 days of the filing of the

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Complaint.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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All claims and causes of action in this matter are DISMISSED without

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prejudice. The District Court Executive is hereby directed to enter this Order,

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furnish a copy to Plaintiffs at their last known address, and CLOSE the file.

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DATED October 15, 2014.

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THOMAS O. RICE
United States District Judge

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